| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Arthur A. Omartian | Chairperson | ||
| Mr. Thomas B. Redfern | Member | ||
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: That the separation authority and the separation code that he was assigned at the time of his discharge be changed.
APPLICANT STATES: In effect, that it has been 14 years since his discharge and that it is time to change his general discharge to honorable.
EVIDENCE OF RECORD: The applicant's military records show:
On 18 November 1982, he enlisted in the Army for 4 years in the pay grade of
E-3. He successfully completed his training as a single channel radio operator. On 17 November 1986, he reenlisted in the Army for an additional 3 years and on 30 July 1987, he extended his reenlistment for 13 months.
He was promoted to the pay grade of E-4 on 13 November 1983 and to the pay grade E-5 on 3 July 1987.
Nonjudicial punishment was imposed against the applicant on 3 November 1987, for using marijuana between 23 March and 31 March 1987. His punishment consisted of a reduction to the pay grade of E-4, a forfeiture of pay and extra duty.
Action to eliminate the applicant from the Army under the provisions of Army Regulation 635-200, chapter 14, was initiated on 6 November 1987. His commanding officer cited misconduct as a result of abuse of illegal drugs as a basis for the recommendation for discharge.
The applicant notified that he was being recommended for discharge on 6 November 1987. He acknowledged receipt of the notification on 10 November 1987 and after consulting with counsel, he indicated that he would be submitting a statement in his own behalf. However, a review of the available records fails to show that a statement was ever submitted.
The appropriate authority approved the recommendation for discharge on 4 December 1987 and directed that he be furnished a General Discharge Certificate. Accordingly, on 18 December 1987, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, based misconduct as a result of abuse of illegal drugs. He had completed 5 years, 1 month and 1 day of total active service and he was furnished a General Discharge Certificate.
The Certificate of Release or Discharge that he was furnished at the time of his discharge shows his separation authority as Army Regulation 635-200, chapter 14-12c, section III (acts or patterns of misconduct – commission of a serious offense) and his separation code as JKK (misconduct – drug abuse).
There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service. Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense. Those in pay grades below E-5 may also be processed after a first drug offense and must be processed for separation after a second offense. The issuance of a discharge under other than honorable conditions is normally considered appropriate.
Army Regulation 635-5-1, in effect at that time, prescribed the specific separation codes to be entered on the Certificate of Release or Discharge (DD Form 214). It states that when a soldier is released from active duty as a result of misconduct based on drug abuse the soldier will be assigned a JKK separation code.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The Board has noted the applicant’s contentions. However, he was discharged for under the provisions of Army Regulation 635-200, chapter 14, based on misconduct as a result of illegal drug abuse and the separation authority currently reflected on his DD Form 214 is correct.
3. The applicant was assigned a separation code in accordance with the appropriate regulation and the fact that it has been over 14 years since he was discharged is not a sufficient basis to warrant the relief requested.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__tbr____ ___kh___ ___ao___ DENY APPLICATION
| CASE ID | AR2002082743 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/06/05 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19871218 |
| DISCHARGE AUTHORITY | AR 635-200, CH 14 |
| DISCHARGE REASON | 626 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000 |
| 2. 191 | 110.0200 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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